Archive for the 'authoritarianism' Category

SYNDICATED COLUMN: Every Policeman Is A Licensed Rapist

Wednesday, April 4th, 2012 by Ted Rall

This week, you can read my column, or watch it!

Strip-Searching is Legal and Democracy is Dead

The text of Justice Kennedy’s majority is cold and bureaucratic. “Every detainee who will be admitted to the general population may be required to undergo a close visual inspection while undressed,” he writes for the five right-wingers in the majority of the Supreme Court.

There’s no looking back now. The United States is officially a police state.

Here are the basics, as reported by The New York Times: “The case decided Monday, Florence v. County of Burlington, No. 10-945, arose from the arrest of Albert W. Florence in New Jersey in 2005. Mr. Florence was in the passenger seat of his BMW when a state trooper pulled his wife, April, over for speeding. A records search revealed an outstanding warrant for Mr. Florence’s arrest based on an unpaid fine. (The information was wrong; the fine had been paid.) Mr. Florence was held for a week in jails in Burlington and Essex Counties, and he was strip-searched in each. There is some dispute about the details, but general agreement that he was made to stand naked in front of a guard who required him to move intimate parts of his body. The guards did not touch him.”

“Turn around,” Florence later recalled his jailers ordering him. “Squat and cough. Spread your cheeks.”

A court motivated by fairness would have declared this conduct unconstitutional. Fair-minded people would have ordered the New Jersey municipality to empty its bank accounts and turn them over to the man it humiliated. Everyone involved—the police, county officials—ought to have been fired and charged with torture.

Not this court, the U.S. Supreme Court led by John Roberts. Besotted by the sick logic of paranoia and preemption that has poisoned us since 9/11, it ruled that what happened to Albert Florence was perfectly OK. The cops’ conduct was legal.

Now “officials may strip-search people arrested for any offense, however minor.”

If you get arrested at an antiwar protest, the police can strip-search you. If you’re pulled over for a minor traffic infraction, as was the plaintiff in this case. For setting off fireworks on the Fourth of July.

Humiliation is the law of the land.

The Court heard examples of people who were strip-searched “after being arrested for driving with a noisy muffler, failing to use a turn signal and riding a bicycle without an audible bell.” They considered amicus briefs by nuns and other “women who were strip-searched during periods of lactation or menstruation.”

Body-cavity searches are now legal for anyone arrested for any crime, no matter how minor. As of April 2, 2012, finger-rape is the law of the land.

Think it won’t happen to you? 14 million Americans are arrested annually. One in three Americans under age 23 has been arrested. It happened to me a couple of years ago, for a suspended drivers license. Except that it wasn’t really suspended. I was lucky. My cops weren’t perverts. They didn’t want a lookie-loo at my private parts.

How did we get here? Preemptive logic.

Saddam Hussein is a bad man. He hates the United States. What if he has weapons of mass destruction? What if he used them against us, or gave them to terrorists who would? Can’t take that chance.

We don’t need evidence in order to justify bombing and invading Iraq. We have fear and the logic of preemption.

The logic of preemption flails, targeting anyone and everyone. A single plane passenger sets his shoes on fire. He never came close to causing real damage, but now everyone has to take off their shoes before boarding a plane. Infants. Old people. Veterans whose limbs got blown off in Iraq. Everyone.

Can’t take chances. What if your toddler is a member of Al Kidda?

The logic of preemption is indiscriminate. What if terrorists are stupid enough to use phones and emails to plot their dastardly schemes? We’d want to know, right? In the old days before 9/11, officials who suspected a person of criminal conduct went to a judge to obtain a wiretapping warrant.

Now we’re paranoid. And the government is power-hungry. So government officials and their media lapdogs are exploiting our fear and paranoia, openly admitting that they listen to everyone‘s phone calls and read everyone‘s emails. Can’t take chances. Gotta cover all the bases.

What about the Fourth Amendment’s prohibition against unreasonable searches and seizures? Quaint relics of a time before the police state. Like the Geneva Conventions.

Here comes Justice Kennedy, amping up the perverse logic of preemption. Responding to the nasty cases of the finger-raped nun and the humiliated women on their period, Kennedy pointed out that “people detained for minor offenses can turn out to be the most devious and dangerous criminals.” Timothy McVeigh, who blew up the federal building in Oklahoma City in 1995, was pulled over for driving without a license plate. “One of the terrorists involved in the Sept. 11 attacks was stopped and ticketed for speeding just two days before hijacking Flight 93,” he wrote, continuing with the observation that San Francisco cops “have discovered contraband hidden in body cavities of people arrested for trespassing, public nuisance and shoplifting.”

No doubt about it: If you search every car and frisk every pedestrian and break down the door of every house and apartment in America, you will find lots of people up to no good. You will discover meth labs and bombs and maybe even terrorists plotting to blow up things. But who is the bigger danger: a drug dealer, a terrorist, or a terrorist government?

This summer will be ugly. Cops will arrest thousands of protesters who belong to the Occupy Wall Street movement, which is fighting corruption and greed and trying to improve our lives. Now that police have the right to strip and molest demonstrators, you can count on horrible abuses. Cops always go too far.

Note to people about to be arrested: pop a laxative before they slip on the flexicuffs.

I don’t know about you, but I would rather live in a country that respects rights and freedoms more than the paranoid madness of preemption. In the old America where I grew up, we lived with the possibility that some individuals were evil. Now we face the absolute certainty that every policeman is a fully licensed finger-rapist.

(Ted Rall’s next book is “The Book of Obama: How We Went From Hope and Change to the Age of Revolt,” out May 22. His website is tedrall.com.)


Posted in 9/11 terrorist attacks, Albert Florence, Anthony Kennedy, arrests, authoritarianism, Blog, Burlington, civil liberties, Columns, Crime and Punishment, Flight 93, Geneva Conventions, human rights, iraq, John Roberts, Law and Order, National Security Agency, Neoconservatism, New Jersey, NSA, Occupy Wall Street movement, Oklahoma City bombing, Paranoia, Police, police abuse, Police State, preemption, strip search, Strip Searches, Timothy McVeigh, torture, U.S. Supreme Court, veterans, Wiretapping | Comment

SYNDICATED COLUMN: Brave New Book

Tuesday, June 28th, 2011 by Ted Rall

Political Scientist Argues the U.S. is a Police State

The United States is a police state.

Not in danger of becoming one.

Is.

And it’s too late to restore democracy.

That’s the stark message of Andrew Kolin’s brave, lucid and important book “State Power and Democracy: Before and During the Presidency of George W. Bush.”

Kolin comes out swinging like Joe Frazier. Illusions and delusions about America as a democracy, much less one that is benevolent, don’t stand a chance.

The U.S., Kolin says, shares all the major attributes of a Third World police state: a constant state of emergency in which security always trumps civil liberties; sidestepping of laws by the government; excessive secrecy; the use of preventative detention and holding enemies of the state without filing formal charges; the manufacturing of reasons to go to war.

“The expansion of state power over the course of U.S. history came at the expense of democracy,” Kolin begins. “As state power grew, there developed a disconnect between the theory and practice of democracy in the United States. Ever-greater state power meant it became more and more absolute. This resulted in a government that directed its energies and resources toward silencing those who dared question the state’s authority.”

Some will find Kolin’s more-in-sorrow-than-in-anger deadpan delivery disconcerting or depressing. I think it refreshingly honest. Notice his use of the past tense to describe this country?

The U.S. is over. It’s always been over.

Creeping authoritarianism, Kolin says, began “not long after the end of the Revolutionary War, starting with the conquest of North America and by the start of the twentieth century, continuing with the expansionism outside of North America.”

That’s halfway down the first page.

A hundred pages in, you’ll either be stuffing rags into Molotov cocktails or slitting your wrists. You’ll definitely check the expiration date on your passport.

I was surprised to learn that Kolin is a political science professor at Hilbert College in upstate New York. His methodical walk through U.S. history and the struggle between increased state repression and popular democratic movements, a tug-and-pull in which government and its big business allies won the important battles, feels like a tight legal brief.

As Kolin argues, the fix was in from the start.

“The framers [of the U.S. Constitution] needed to establish a government that could promote and protect property, regulate the economy, create an elaborate infrastructure, and acquire native Indian lands, adhering to the policy of North American expansion, while allowing the democratic surge from below to be both expressed and contained,” Kolin writes.

Obviously, the legal status of most Americans has improved since 1789. For example, “the Abolitionists prove that political movements can disrupt repressive state policies and advance democracy.” However: “The success of the Abolitionists suggests that the government can accommodate reformism, provided its core interests [namely, to enlarge state power] remain unaffected.”

Anyone who has read Zinn or Chomsky will be familiar with the long litany of criminality and ultraviolence which expose the claim of exceptionalism as a ridiculous hoax. These are all here: the Sedition Acts, the Palmer Raids, the Red Scare, dirty deals with dictators. Where the book becomes indispensable is its last third, focusing on the Clinton, Bush and early Obama administrations. This, the author argues beyond any sane ability to disagree, is when Americans citizens lost our basic freedoms and civil liberties once and for all. Habeas corpus, an 800-year-old right held by the citizens of all Western nations, gone without so much as a broken window. A president-king who orders the execution of American citizens without a trial—nay, without evidence of wrongdoing, with barely a harshly-worded newspaper editorial to complain.

For Kolin the USA-Patriot Act, passed in haste by a cowed and cowardly Congress that hadn’t had time to read it after 9/11, marks the final end of formal democracy in the United States. If nothing else, sneak into a bookstore (if you still have one in your town) and read pages 142 to 152.

Here you will find the most thorough and clear dissection of this horrible law in print. Describing Title I, for example, Kolin explains: “Due process is not mentioned in the part that grants the president the authority to freeze assets at the start of, or even prior to an investigation [into terrorism], instead of after it is completed. All property seized can be disposed of according to the president’s wishes. There is no legal requirement to have a court order prior to a seizure, creating the possibility that mistakes may be made and, in most cases, won’t be corrected.”

Unfair confiscation may seem like a minor concern for an innocent man or woman arrested, tortured or assassinated on the order of a president. For conservatives who believe property rights are sacrosanct, however, the symbolism is unmistakable: a government that can steal your stuff with impunity is the enemy of the people.

I can imagine one logical objection to Kolin’s thesis. The government may have the right to oppress. But it is not impelled to do so. So long as government officials are well-intentioned men and women, stout of heart and full of integrity, they will refrain from abusing the rights they claim against us.

However, recent history proves that our government is not run by such individuals. And even if it were—a purely theoretical supposition—who would want to live in a nation where the difference between democracy and dictatorship relies on the whims of a coterie of elites?

Though “a glimmer of hope seemed to appear after President Obama took office,” Kolin shows how the Democratic president “merely modified police state practices.” Furthermore, the transitional nature of the brutal authoritarian tactics enacted by Bush into the next presidency indicates that they are not anomalous but structural. “The Obama Administration’s position that amnesty should be granted to those who tortured [under Bush] as well as those who authored the torture memos, itself violates national and international law; it also ensures that such policies will likely be repeated.”

Attorney General Eric Holder said: “We don’t want to criminalize policy differences.” Kolin replies: “Since when is support for a police state a policy difference?”

If you’ve somehow managed to ignore Obama’s record over the last few years, and you’re still thinking of voting for him next November, this book will change your mind.

Ted Rall is the author of “The Anti-American Manifesto.” His website is tedrall.com.)

COPYRIGHT 2011 TED RALL


Posted in Andrew kolin, authoritarianism, Blog, Book, bush, civil liberties, Columns, democracy, dictatorship, Eric Holder, exceptionalism, executive power, Hilbert college, Howard Zinn, joe frazier, noam Chomsky, obama, Police State, rights, state power and democracy, torture, usa-patriot act, war on terror | Comment